Universal Periodic Review
Australia 2015
Corey Irlam
Co-Convenor
Victorian Gay & Lesbian Rights Lobby
Acknowledgments
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Traditional Owners
LGBTI Health Alliance for hosting webinar
Anna Brown / Amanda Alford for sharing their
presentations that this powerpoint has been
based on
To each of you for being engaged in the UPR
processes
Overview
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What is the Universal Periodic Review?
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How is the UPR Process Helpful for NGO’s?
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Key Stages of the UPR and 2015/2016 Timeline
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LGBTI in UPR 2010/11
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Process for getting involved in LGBTI content for UPR
2014/15
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Key timelines
What is Human Rights?
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Human rights recognise the inherent value of each person,
regardless of background, where we live, what we look like, what we
think, or what we believe.
They are based on principles of dignity, equality and mutual respect,
which are shared across cultures, religions, and philosophies. They
are about being treated fairly, treating others fairly, and having the
ability to make genuine choices in our daily lives.
Respect for human rights is the cornerstone of strong communities
in which everyone can make a contribution and feel included.
The Universal Declaration of Human Rights, adopted by the United
Nations on 10 December 1948, sets out the basic rights and
freedoms that apply to all people. Drafted in the aftermath of World
War Two, it has become a foundation document that has inspired
many legally-binding international human rights laws (HRC, 2014).
What is the Universal Periodic Review?
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UN Human Rights Council process
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Established in 2006 when HRC was established
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All UN Member States once every 4 years
UN Structure
UPR
Human Rights
Council
Special Rapporteurs
General Assembly
CAT, CERD,
CEDAW, CRPD etc
Funds &
Programmes
Security Council
ICTY, ICTR
Funds &
Programmes
Economic and Social
Council
Commissions, Spec
Agencies & Other
Bodies
OHCHR
Secretariat
Other Dept’s &
Offices
What is the Universal Periodic Review?
The UPR differs from Treaty Bodies reviews in a number of
ways:
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Peer review process not review by independent experts
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Indv Governments make recommendations
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UPR allows consideration of human rights record of all
UN Member States as considers UN Charter, UDHR,
human rights treaties state has ratified, voluntary
pledges and IHL
Second UPR Cycle
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First cycle saw 48 countries reviewed each year.
Australia’s First UPR 2011
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Second cycle commenced May 2012
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Second cycle focus on implementation of accepted
recommendations and other developments in the human
rights situation in Australia
What documents are used in the UPR?
Aust Gov report is prepared by
Attorney-Generals Dept.
OHCHR report identifies compliance
issues with UN treaties and
summarises issues from Spec.
Rapporteur reports
Other NGO
Submission
NGO
Coalition
Report
Australian
Government Report
OHCHR Information
(10 pages)
Other Stakeholder
Information
(10 pages)
(5300 words)
AHRC
Report
All NGO and NHRI reports are collated by
OHCHR staff into a single 10 page ‘other
stakeholders’ report.
Working with NGO’s to consolidate one
submission increases likelihood OHCHR
will include issues NGO’s raise.
How is the UPR Process Useful for
NGOs?
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Critique Australia’s human rights record
Dialogue with Government
Develop knowledge of human rights in Australia
Use of international human rights standards to secure
domestic implementation and use in law reform, policy
development, advocacy and litigation
One of a range of international processes as part of
broader advocacy
What Happened Last Time?
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Overview of Australia’s First UPR
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NGO Involvement: Joint Report, Mission
visits and NGO delegation
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Lessons/Insights
NGO Involvement in 2015 Review
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What will we produce and do? (Joint NGO
Report of 5630 words, Factsheets, Lobbying,
Follow up)
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How can/will NGO’s be involved?
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NGO Coalition
NGO Involvement in 2015 Review
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Consultation and teleconferences
Identification of gaps/new issues and areas
Reflection on last UPR and implementation
Drafting, writing and endorsing draft Joint Report
Preparation of factsheets
Lobbying and advocacy
Follow up on implementation of
recommendations
What did we say about LGBTI in the NGO
UPR report in 2010?
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NGO Report – July 2010
13. GLBTI Communities: Recent amendments to federal laws gave
equal financial and workplace benefits to unmarried same-sex
couples.17 However, GLBTI Australians continue to experience
higher levels of discrimination and assault.18 Australia should
extend equality in marriage and parenting laws19 to same-sex
couples, and recognise sex and gender identity in all official
documents.20 Federal law should prohibit discrimination on the
grounds of sexual orientation, gender identity, Intersex and
relationship status.21
What Has Happened Since Last Time?
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Impact of voluntary commitments and
recommendations on domestic policy, NGO
lobbying etc
Monitoring of implementation
Role of NGOs: Joint NGO Update Report
Australian Human Rights Commission
annual progress reports
NGO Coalition – LGBTI Contacts
All LGBTI
NGO’s
VGLRL
Corey
Irlam
LGBTI Coordinating / Lead NGO
Advisory Committee
Corey Irlam
Victorian Gay & Lesbian Rights Lobby
corey@vglrl.org.au or
0401 738 996
Coordinating Committee
Anna Brown
Human Rights Law Centre
Anna.brown@hrlc.org.au or
(03) 8636 4456
Australia’s Next UPR Timeline: Key
Stages and Dates
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23 March 2015: NGO Report(s) Due
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20 July 2015: Government Report Due
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November 2015: Australia’s Appearance at HRC
(‘Working Group’)
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Jan/Feb 2016: Adoption of ‘Outcomes Report’
Australia’s UPR Timeline: NGO Input
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30 January 2015: Contributions from Lead NGOs Due
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23 March 2015: NGO Report(s) Due
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Dec 2014–June 2015: Consultation and Feedback in
Relation to Australian Government Report
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20 July 2015: Government Report Due
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July 2015–Nov 2015: Lobbying Government including
about Voluntary Commitments
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August/Sep 2015: Embassy Meetings Canberra &
Sydney
Australia’s UPR Timeline: NGO Input
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5–9 October 2015: Pre-Session UPR Info Session in
Geneva
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November 2015: 23rd Session of Human Rights CouncilAustralia’s Appearance at HRC
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Nov 2015–Feb 2016: NGO Advocacy (Gov to Accept
Recommendations)
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Jan/Feb 2016: Adoption of ‘Outcomes Report’
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Post Feb 2016: Education, Follow Up, Implementation,
and Monitoring
LGBTI Section – Drafting Timelines
Date
Tues 2 December 2014
Item
UPR LGBTI Survey Open
www.lgbtihealth.org.au/upr2014
Wed 3 December
UPR Webinar
Mon 7 December
UPR Webinar
Wed 14 January 2015
LGBTI Survey Closes
Mon 19 January
LGBTI 400 words circulated for comment – Version 1
Fri 23 January
Comments on Version 1 close
Mon 26 January
LGBTI 400 words version 2 – Version 2 - comments open
Wed 28 January
Comments on Version 2 close
Thurs 29 January
FINAL draft submitted to NGO Coalition
February 2015
Potential minor changes as part of consolidation
March 2015
NGO’s invited to endorse final NGO Coalition
LGBTI Survey –
The way to have input into UPR NGO 2015 text
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www.lgbtihealth.org.au/upr2014
Asks you to review Australia’s Human Rights
record on key areas raised in UPR 2010
Asks you to nominate top 3 human rights
issues for UPR 2014
Any other comments
The survey will be basis on which VGLRL will
draft the 400 words – so make sure you
share your views/thoughts
What sort of things should we include
about LGBTI in UPR 2015?
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Think strategically - what are the key issues
likely to be worked on in the next 4 years
Include achievable goals as well as stretch
goals
Look at whole of country and issues where
some parts of Australia are behind other parts
Consider other UPR recommendations – see
http://www.upr-info.org/database/
Submit your ideas to the LGBTI Survey
Draft 400 words for LGBTI
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VGLRL working with the Nat. LGBTI Health Alliance will
draft the words based on your suggestions
Monday 19 January – draft words will be put on
www.lgbtihealth.org.au/upr2014
If you received an email directly from the LGBTI Health
Alliance, then you’ll receive a reminder when Draft 1 text
is up.
If you didn’t – please email corey@vglrl.org.au and I’ll
send an email reminder
We do not accept massive changes on draft 2 so don’t
forget to comment on draft 1!!
More information
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UPR 1 – http://hrlc.org.au/universal-periodicreview-of-australia-in-january-2011-ngomaterials/
UPR 2 - http://hrlc.org.au/UPR/
LGBTI involvement in UPR 2 http://www.lgbtihealth.org.au/upr2014
Questions
Any Questions?
First UPR Cycle- what other countries
recommended about LGBTI
UN Member State Recommendation
Aust Gov. Stance
Aust Gov Explanation
Continue to consolidate anti-
Already reflected
Australia accepts the recommendation on the
discrimination laws protecting
basis it is reflected in existing laws or policies
people on the grounds of sexual
and Australia will continue to take steps to
orientation and gender
achieve relevant outcomes.
(recommendations 86.51, 86.66
and 86.68).
Equalise the recognition of
Accepted
The Australian Government will continue to
same-sex relationships across
support a nationally consistent framework for
and between states
relationship recognition that would need to be
(recommendation 86.69).
implemented by States and Territories.
Recognise same-sex marriage
Rejected
The Australian Government does not intend to
including recognising overseas
amend the Marriage Act 1961. The Australian
marriages (recommendation
Government will continue to support a nationally
86.70).
consistent framework for relationship recognition
that would need to be implemented by States
and Territories.
First UPR – LGBTI Summary 1/2
January 2011
NGO Recommendation
UN Recommend
What’s happened since
Federal law should prohibit
discrimination on the
grounds of sexual
orientation, gender identity,
Intersex and relationship
status
anti-discrimination laws
protecting people on
the grounds of sexual
orientation and gender
Federal Anti-Discrimination laws
were passed in 2013
Australia should extend
equality in marriage and
parenting laws to same-sex
couples
Equalise the
recognition of samesex relationships
across and between
states
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Recognise same-sex
marriage including
recognising overseas
marriages
Nothing. Continues to be
rejected by Aust. Gov.
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QLD Relationship Register /
Civil Partnerships (already in
NSW, VIC, TAS & ACT)
No register in NT, WA, SA
First UPR – LGBTI Summary 2/2
January 2011
NGO Recommendation
UN Recommend
Comment
recognise sex and gender
identity in all official
documents
No UN state made this
recommendation
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Australia should enact
national legislation
prohibiting the use of
non-therapeutic
sterilisation of children,
regardless of whether
they have a disability,13
and of adults with
disability in the absence
of their fully informed and
free consent.
Comply with and
implement the
recommendations of
international treaty
bodies prohibiting the
sterilisation of women
and girls with
disabilities
(recommendation
86.39).
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Will be important to have
trans advocates actively part
of embassy lobby activities
May need more education
info as part of factsheet
Aust Gov. Guidelines helps
Aust Gov accepted in part.
UPR 2 may include Intersex
within NGO recommendation
under disability section